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Statutory Instruments

1992 No. 2966

HEALTH AND SAFETY

The Personal Protective Equipment at Work Regulations 1992

Made

25th November 1992

Laid before Parliament

2nd December 1992

Coming into force

1st January 1993

The Secretary of State, in exercise of the powers conferred upon her by sections 15(1), (2), (3)(a) and (b), (5)(b) and (9) of, and paragraphs 11 and 14 of Schedule 3 to the Health and Safety at Work etc. Act 1974(1), and of all other powers enabling her in that behalf and for the purpose of giving effect without modifications to proposals submitted to her by the Health and Safety Commission under section 11(2)(d) of the said Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:

Citation and commencementE+W+S

1.  These Regulations may be cited as the Personal Protective Equipment at Work Regulations 1992 and shall come into force on 1st January 1993.

Commencement Information

I1Reg. 1 in force at 1.1.1993, see reg. 1

InterpretationE+W+S

2.—[F1(1) In these Regulations—

“the 1974 Act” means the Health and Safety at Work etc. Act 1974;

“employer”, in relation to a worker, means the person by whom the worker is employed under their worker’s contract;

“personal protective equipment”, unless the context requires otherwise, means all equipment (including clothing affording protection against the weather) which is intended to be worn or held by a person at work and which protects the person against one or more risks to that person’s health and safety, and any addition or accessory designed to meet that objective;

“relevant self-employed person” means a self-employed person (except a worker) who conducts an undertaking of a prescribed description for the purposes of section 3(2) of the 1974 Act;

“worker” means an individual who has entered into or works under—

(a)

a contract of employment;

(b)

any contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual;

and any reference to a worker’s contract shall be construed accordingly..]

(2) Any reference in these Regulations to—

(a)a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and

(b)a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.

Textual Amendments

Commencement Information

I2Reg. 2 in force at 1.1.1993, see reg. 1

Disapplication of these RegulationsE+W+S

3.—(1) These Regulations shall not apply to or in relation to the master or crew of a sea-going ship or to the employer of such persons in respect of the normal ship-board activities of a ship’s crew under the direction of the master.

(2) Regulations 4 to 12 shall not apply in respect of personal protective equipment which is—

(a)ordinary working clothes and uniforms which do not specifically protect the health and safety of the wearer;

(b)an offensive weapon within the meaning of section 1(4) of the Prevention of Crime Act 1953(2) used as self-defence or as deterrent equipment;

(c)portable devices for detecting and signalling risks and nuisances;

(d)personal protective equipment used for protection while travelling on a road within the meaning (in England and Wales) of section 192(1) of the Road Traffic Act 1988(3), and (in Scotland) of section 151 of the Roads (Scotland) Act 1984(4);

(e)equipment used during the playing of competitive sports.

(3) Regulations 4 and 6 to 12 shall not apply where any of the following Regulations apply and in respect of any risk to a person’s health or safety for which any of them require the provision or use of personal protective equipment, namely—

(a)[F2the Control of Lead at Work Regulations 2002];

(b)[F3the Ionising Radiations Regulations 2017 [SI 2017/1075]];

(c)[F4the Control of Asbestos Regulations 2012];

(d)[F5the Control of Substances Hazardous to Health Regulations 2002];

(e)[F6The Control of Noise at Work Regulations 2005];

F7(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Words in reg. 3(3)(e) substituted (6.4.2006 for specified purposes, 6.4.2008 in so far as not already in force) by The Control of Noise at Work Regulations 2005 (S.I. 2005/1643), regs. 1, 15(1)(a) (with reg. 3(3)(4))

Commencement Information

I3Reg. 3 in force at 1.1.1993, see reg. 1

[F8Modification of the 1974 ActE+W+S

3A.—(1) The duty placed on the employer in respect of their employees by section 9 of the 1974 Act (duty not to charge employees) is modified to apply in respect of the duties under these Regulations to their workers, and “employer”, as referenced in section 9, in relation to a worker means the person by whom the worker is employed under their worker’s contract.

(2) In these Regulations, section 52 of the 1974 Act (meaning of “work” and related expressions) is extended as follows—

(a)“work” includes work as a worker;

(b)a worker is at work throughout the time when they are working under their worker’s contract, but not otherwise.]

Textual Amendments

Provision of personal protective equipmentE+W+S

4.—(1) [F9Subject to paragraph (1A),] every employer shall ensure that suitable personal protective equipment is provided to [F10their workers] who may be exposed to a risk to their health or safety while at work except where and to the extent that such risk has been adequately controlled by other means which are equally or more effective.

[F11(1A) Where the characteristics of any policing activity are such that compliance by the relevant officer with the requirement in paragraph (1) would lead to an inevitable conflict with the exercise of police powers or performance of police duties, that requirement shall be complied with so far as is reasonably practicable.]

(2) Every [F12relevant self-employed person] shall ensure that [F13they are] provided with suitable personal protective equipment where [F14they may] be exposed to a risk to [F15their health] or safety while at work except where and to the extent that such risk has been adequately controlled by other means which are equally or more effective.

(3) Without prejudice to the generality of paragraphs (1) and (2), personal protective equipment shall not be suitable unless—

[F16(a)it is appropriate for the risk or risks involved, the conditions at the place where exposure to the risk may occur, and the period for which it is worn;

(b)it takes account of ergonomic requirements and the state of health of the person or persons who may wear it, and of the characteristics of the workstation of each such person;]

(c)it is capable of fitting the wearer correctly, if necessary, after adjustments within the range for which it is designed;

(d)so far as is practicable, it is effective to prevent or adequately control the risk or risks involved without increasing overall risk;

[F17(e)it complies with any legal requirement which is applicable to that item of personal protective equipment.]

[F18(4) Where it is necessary to ensure that personal protective equipment is hygienic and otherwise free of risk to health, every employer and every [F12relevant self-employed person] shall ensure that personal protective equipment provided under this regulation is provided to a person for use only by [F19them].]

[F20(5) In paragraph (3)(e), “any legal requirement” means any requirement of—

(a)an enactment (whether in an Act or instrument) which implements in Great Britain any provision on design or manufacture with respect to health or safety in any relevant Community Directive listed in Schedule 1; or

(b)Regulation (EU) 2016/425 of the European Parliament and of the Council on personal protective equipment and repealing Council Directive 89/686/EEC F21....]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I4Reg. 4 in force at 1.1.1993, see reg. 1

Compatibility of personal protective equipmentE+W+S

5.—(1) Every employer shall ensure that where the presence of more than one risk to health or safety makes it necessary for [F22their worker] to wear or use simultaneously more than one item of personal protective equipment, such equipment is compatible and continues to be effective against the risk or risks in question.

(2) Every [F12relevant self-employed person] shall ensure that where the presence of more than one risk to health or safety makes it necessary for [F23them] to wear or use simultaneously more than one item of personal protective equipment, such equipment is compatible and continues to be effective against the risk or risks in question.

Textual Amendments

Commencement Information

I5Reg. 5 in force at 1.1.1993, see reg. 1

Assessment of personal protective equipmentE+W+S

6.—(1) Before choosing any personal protective equipment which by virtue of regulation 4 [F24they are] required to ensure is provided, an employer or [F12relevant self-employed person] shall ensure that an assessment is made to determine whether the personal protective equipment [F25they intend] will be provided is suitable.

(2) The assessment required by paragraph (1) shall include—

(a)an assessment of any risk or risks to health or safety which have not been avoided by other means;

(b)the definition of the characteristics which personal protective equipment must have in order to be effective against the risks referred to in sub-paragraph (a) of this paragraph, taking into account any risks which the equipment itself may create;

(c)comparison of the characteristics of the personal protective equipment available with the characteristics referred to in sub-paragraph (b) of this paragraph.

[F26(d)an assessment as to whether the personal protective equipment is compatible with other personal protective equipment which is in use and which [F27a worker] would be required to wear simultaneously.]

(3) Every employer or [F12relevant self-employed person] who is required by paragraph (1) to ensure that any assessment is made shall ensure that any such assessment is reviewed if—

(a)there is reason to suspect that it is no longer valid; or

(b)there has been a significant change in the matters to which it relates,

and where as a result of any such review changes in the assessment are required, [F28that] employer or [F12relevant self-employed person] shall ensure that they are made.

Textual Amendments

Commencement Information

I6Reg. 6 in force at 1.1.1993, see reg. 1

Maintenance and replacement of personal protective equipmentE+W+S

7.—(1) Every employer shall ensure that any personal protective equipment provided to [F29their workers] is maintained (including replaced or cleaned as appropriate) in an efficient state, in efficient working order and in good repair.

(2) Every [F12relevant self-employed person] shall ensure that any personal protective equipment provided to [F30them] is maintained (including replaced or cleaned as appropriate) in an efficient state, in efficient working order and in good repair.

Textual Amendments

Commencement Information

I7Reg. 7 in force at 1.1.1993, see reg. 1

Accommodation for personal protective equipmentE+W+S

8.  Where an employer or [F12relevant self-employed person] is required, by virtue of regulation 4, to ensure personal protective equipment is provided, [F31they shall] also ensure that appropriate accommodation is provided for that personal protective equipment when it is not being used.

Textual Amendments

Commencement Information

I8Reg. 8 in force at 1.1.1993, see reg. 1

Information, instruction and trainingE+W+S

9.—(1) Where an employer is required to ensure that personal protective equipment is provided to [F32a worker], the employer shall also ensure that [F33the worker] is provided with such information, instruction and training as is adequate and appropriate to enable [F33the worker] to know—

(a)the risk or risks which the personal protective equipment will avoid or limit;

(b)the purpose for which and the manner in which personal protective equipment is to be used; and

(c)any action to be taken by [F33the worker] to ensure that the personal protective equipment remains in an efficient state, in efficient working order and in good repair as required by regulation 7(1) [F34and shall ensure that such information is kept available [F35to workers]] .

(2) Without prejudice to the generality of paragraph (1), the information and instruction provided by virtue of that paragraph shall not be adequate and appropriate unless it is comprehensible to the persons to whom it is provided.

[F36(3) Without prejudice to the generality of paragraph (1) the employer shall, where appropriate, and at suitable intervals, organise demonstrations in the wearing of personal protective equipment.]

Textual Amendments

Commencement Information

I9Reg. 9 in force at 1.1.1993, see reg. 1

Use of personal protective equipmentE+W+S

10.—(1) Every employer shall take all reasonable steps to ensure that any personal protective equipment provided to [F37their workers] by virtue of regulation 4(1) is properly used.

(2) [F38Every worker] shall use any personal protective equipment provided to [F39them] by virtue of these Regulations in accordance both with any training in the use of the personal protective equipment concerned which has been received by [F39them] and the instructions respecting that use which have been provided to [F39them] by virtue of regulation 9.

(3) Every [F12relevant self-employed person] shall make full and proper use of any personal protective equipment provided to [F39them] by virtue of regulation 4(2).

(4) [F38Every worker] and [F12relevant self-employed person] who has been provided with personal protective equipment by virtue of regulation 4 shall take all reasonable steps to ensure that it is returned to the accommodation provided for it after use.

Textual Amendments

Commencement Information

I10Reg. 10 in force at 1.1.1993, see reg. 1

Reporting loss or defectE+W+S

11.  [F40Every worker] who has been provided with personal protective equipment by virtue of regulation 4(1) shall forthwith report to [F41their employer] any loss of or obvious defect in that personal protective equipment.

Textual Amendments

Commencement Information

I11Reg. 11 in force at 1.1.1993, see reg. 1

Exemption certificatesE+W+S

12.—(1) The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt—

(a)any of the home forces, any visiting force or any headquarters from those requirements of these Regulations which impose obligations on employers; or

(b)any member of the home forces, any member of a visiting force or any member of a headquarters from the requirements imposed by regulation 10 or 11;

and any exemption such as is specified in sub-paragraph (a) or (b) of this paragraph may be granted subject to conditions and to a limit of time and may be revoked by the said Secretary of State by a further certificate in writing at any time.

(2) In this regulation—

(a)“the home forces” has the same meaning as in section 12(1) of the Visiting Forces Act 1952(5);

(b)“headquarters” has the same meaning as in article 3(2) of the Visiting Forces and International Headquarters (Application of Law) Order 1965(6);

(c)“member of a headquarters” has the same meaning as in paragraph 1(1) of the Schedule to the International Headquarters and Defence Organisations Act 1964(7); and

(d)“visiting force” has the same meaning as it does for the purposes of any provision of Part I of the Visiting Forces Act 1952.

Commencement Information

I12Reg. 12 in force at 1.1.1993, see reg. 1

Extension outside Great BritainE+W+S

13.  These Regulations shall apply to and in relation to the premises and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the [F42the 1974 Act] apply by virtue of the [F43Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 2013] as they apply within Great Britain.

Textual Amendments

Commencement Information

I13Reg. 13 in force at 1.1.1993, see reg. 1

Modifications, repeal and revocationsE+W+S

14.—(1) The Act and Regulations specified in Schedule 2 shall be modified to the extent specified in the corresponding Part of that Schedule.

(2) Section 65 of the Factories Act 1961 is repealed.

(3) The instruments specified in column 1 of Schedule 3 are revoked to the extent specified in column 3 of that Schedule.

Commencement Information

I14Reg. 14 in force at 1.1.1993, see reg. 1

Signed by order of the Secretary of State.

Patrick McLoughlin

Parliamentary Under Secretary of State,

Department of Employment

Regulation 4(3)(e)

[F44SCHEDULE 1E+W+SRELEVANT COMMUNITY DIRECTIVES

Textual Amendments

Modifications etc. (not altering text)

1.  Council Directive 89/686/EEC on the approximation of the laws of the member States relating to personal protective equipment (OJNo. L399, 30.12.89, p.18).E+W+S

2.  Council Directive 93/42/EEC concerning medical devices (OJNo. L169, 12.7.93, p.1).]E+W+S

Regulation 14(1)

SCHEDULE 2E+W+SMODIFICATIONS

PART IE+W+STHE FACTORIES ACT 1961(8)

1.  In section 30(6), for “breathing apparatus of a type approved by the chief inspector”, substitute “suitable breathing apparatus”.E+W+S

Commencement Information

I15Sch. 2 para. 1 in force at 1.1.1993, see reg. 1

PART IIE+W+STHE COAL AND OTHER MINES (FIRE AND RESCUE) ORDER 1956(9)

2.  In Schedule 1, in regulation 23(a), for “breathing apparatus of a type approved by the Minister”, substitute “suitable breathing apparatus”.E+W+S

Commencement Information

I16Sch. 2 para. 2 in force at 1.1.1993, see reg. 1

3.  In Schedule 1, in regulation 23(b), for “smoke helmets or other apparatus serving the same purpose, being helmets or apparatus of a type approved by the Minister,”, substitute “suitable smoke helmets or other suitable apparatus serving the same purpose”.E+W+S

Commencement Information

I17Sch. 2 para. 3 in force at 1.1.1993, see reg. 1

4.  In Schedule 1, in regulation 24(a), for “smoke helmet or other apparatus serving the same purpose, being a helmet or other apparatus of a type approved by the Minister,”, substitute “suitable smoke helmet or other suitable apparatus serving the same purpose”.E+W+S

Commencement Information

I18Sch. 2 para. 4 in force at 1.1.1993, see reg. 1

PART IIIE+W+STHE SHIPBUILDING AND SHIP-REPAIRING REGULATIONS 1960

F455.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

PART IVE+W+STHE COAL MINES (RESPIRABLE DUST) REGULATIONS 1975(10)

6.  In regulation 10(a), for “dust respirators of a type approved by the Executive for the purpose of this Regulation”, substitute “suitable dust respirators”.E+W+S

Commencement Information

I19Sch. 2 para. 6 in force at 1.1.1993, see reg. 1

PART VE+W+STHE CONTROL OF LEAD AT WORK REGULATIONS 1980

7.  In regulation 7—E+W+S

(a)after “respiratory protective equipment”, insert “which complies with regulation 8A or, where the requirements of that regulation do not apply, which is”; and

(b)after “as will”, insert “, in either case,”.

Commencement Information

I20Sch. 2 para. 7 in force at 1.1.1993, see reg. 1

8.  In regulation 8, for “adequate protective clothing”, substitute “protective clothing which complies with regulation 8A or, where no requirement is imposed by virtue of that regulation, is adequate”.E+W+S

Commencement Information

I21Sch. 2 para. 8 in force at 1.1.1993, see reg. 1

9.  After regulation 8, insert the following new regulations—E+W+S

“Compliance with relevant Community directives

8A.  Any respiratory protective equipment or protective clothing shall comply with any enactment (whether in an Act or instrument) which implements any provision on design or manufacture with respect to health or safety in any relevant Community directive listed in Schedule 1 to the Personal Protective Equipment at Work Regulations 1992 which is applicable to that item of respiratory protective equipment or protective clothing.

Assessment of respiratory protective equipment or protective clothing

8B.—(1) Before choosing respiratory protective equipment or protective clothing, an employer shall make an assessment to determine whether it will satisfy regulation 7 or 8, as appropriate.

(2) The assessment required by paragraph (1) shall involve—

(a)definition of the characteristics necessary to comply with regulation 7 or, as the case may be, 8, and

(b)comparison of the characteristics of respiratory protective equipment or protective clothing available with the characteristics referred to in sub-paragraph (a) of this paragraph.

(3) The assessment required by paragraph (1) shall be revised if—

(a)there is reason to suspect that it is no longer valid; or

(b)there has been a significant change in the work to which it relates,

and, where, as a result of the review, changes in the assessment are required, the employer shall make them.”.

Commencement Information

I22Sch. 2 para. 9 in force at 1.1.1993, see reg. 1

10.  In regulation 9, for sub-paragraph (b), substitute the following sub-paragraph—E+W+S

“(b)where he is required under regulations 7 or 8 to provide respiratory protective equipment or protective clothing, adequate changing facilities and adequate facilities for the storage of—

(i)the respiratory protective equipment or protective clothing, and

(ii)personal clothing not worn during working hours.”.

Commencement Information

I23Sch. 2 para. 10 in force at 1.1.1993, see reg. 1

11.  At the end of regulation 13, add the following new paragraph—E+W+S

“(3) Every employee shall take all reasonable steps to ensure that any respiratory protective equipment provided to him pursuant to regulation 7 and protective clothing provided to him pursuant to regulation 8 is returned to the accommodation provided for it after use.”

Commencement Information

I24Sch. 2 para. 11 in force at 1.1.1993, see reg. 1

12.  In regulation 18(2), omit the full stop and add “and that any provision imposed by the European Communities in respect of the encouragement of improvements in the safety and health of workers at work will be satisfied.”.E+W+S

Commencement Information

I25Sch. 2 para. 12 in force at 1.1.1993, see reg. 1

F46PART VIE+W+STHE IONISING RADIATIONS REGULATIONS 1985

Textual Amendments

F4613.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F4614.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F4615.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F47PART VIIE+W+STHE CONTROL OF ASBESTOS AT WORK REGULATIONS 1987

Textual Amendments

F4716.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F4717.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F4718.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

PART VIIIE+W+STHE CONTROL OF SUBSTANCES HAZARDOUS TO HEALTH REGULATIONS 1988

F4819.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F4920.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F5021.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F51PART IXE+W+STHE NOISE AT WORK REGULATIONS 1989

Textual Amendments

F51Sch. 2 Pt. 9 revoked (6.4.2006 for specified purposes, 6.4.2008 in so far as not already in force) by The Control of Noise at Work Regulations 2005 (S.I. 2005/1643), regs. 1, 15(3), Sch. 3 (with reg. 3(3)(4))

F5122.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

PART XE+W+STHE CONSTRUCTION (HEAD PROTECTION) REGULATIONS 1989

F5223.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F5324.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F5425.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

Regulation 14(3)

SCHEDULE 3E+W+SREVOCATIONS

Commencement Information

I26Sch. 3 in force at 1.1.1993, see reg. 1

(1)(2)(3)
TitleReferenceExtent of Revocation
Regulations dated 26th February 1906 in respect of the processes of spinning and weaving of flax and tow and the processes incidental thereto (the Flax and Tow—Spinning and Weaving Regulations 1906).S.R. & O. 1906/177, amended by S.I. 1988/1657.

In regulation 9, the words “unless waterproof skirts, and bibs of suitable material, are provided by the occupier and worn by the workers”.

Regulation 13.

Order dated 5th October 1917 (the Tin or Terne Plates Manufacture Welfare Order 1917).S.R. & O. 1917/1035.Paragraph 1.
Order dated 15th August 1919 (the Fruit Preserving Welfare Order 1919).S.R. & O. 1919/1136, amended by S.I. 1988/1657.Paragraph 1.
Order dated 23rd April 1920 (the Laundries Welfare Order 1920).S.R. & O. 1920/654.Paragraph 1.
Order dated 28th July 1920 (the Gut-Scrapping, Tripe Dressing, etc. Welfare Order 1920).S.R. & O. 1920/1437.Paragraph 1.
Order dated 3rd March 1921 (the Glass Bevelling Welfare Order 1921).S.R. & O. 1921/288.Paragraph 1.
The Aerated Water Regulations 1921.S.R. & O. 1921/1932; amended by S.I. 1981/686.The whole Regulations.
The Sacks (Cleaning and Repairing) Welfare Order 1927.S.R. & O. 1927/860.Paragraph 1.
The Oil Cake Welfare Order 1929.S.R. & O. 1929/534.Paragraph 1.
The Cement Works Welfare Order 1930.S.R. & O. 1930/94.Paragraph 1.
The Tanning Welfare Order 1930.S.R. & O. 1930/312.Paragraph 1 and the Schedule.
The Magnesium (Grinding of Castings and Other Articles) Special Regulations 1946.S.R. & O. 1946/2107.Regulation 12.
The Clay Works (Welfare) Special Regulations 1948.S.I. 1948/1547.Regulation 5.
The Iron and Steel Foundries Regulations 1953.S.I. 1953/1464; amended by S.I. 1974/1681 and S.I. 1981/1332.Regulation 8.
The Shipbuilding and Ship-Repairing Regulations 1960.S.I. 1960/1932; amended by S.I. 1974/1681.Regulations 73 and 74.
The Non-Ferrous Metals (Melting and Founding) Regulations 1962.S.I. 1962/1667; amended by S.I. 1974/1681.Regulation 13.
The Abstract of Special Regulations (Aerated Water) Order 1963.S.I. 1963/2058.The whole Order.
The Construction (Health and Welfare) Regulations 1966.S.I. 1966/95; to which there are amendments not relevant to these regulations.Regulation 15.
The Foundries (Protective Footwear and Gaiters) Regulations 1971.S.I. 1971/476.The whole Regulations.
The Protection of Eyes Regulations 1974.S.I. 1974/1681; amended by S.I. 1975/303.The whole Regulations.
The Aerated Water Regulations (Metrication) Regulations 1981.S.I. 1981/686.The whole Regulations.

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations impose health and safety requirements with respect to the provision for, and use by, persons at work of personal protective equipment. Personal protective equipment is defined in regulation 2(1) and certain types of such equipment are excluded from the application of regulations 4 to 12 by regulation 3(2).E+W+S

2.  The Regulations do not apply in relation to sea transport (regulation 3(1)). With that exception, the Regulations, together with the existing Regulations listed in regulation 3(3) (which are modified by Parts V to X of Schedule 2), give effect as respects Great Britain to Council Directive 89/656/EEC (OJ No. L 393, 30.12.89, p. 18) on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace.E+W+S

3.  Regulations 4 and 6 to 12 do not apply in respect of risks to health and safety for which personal protective equipment is required by specified existing Regulations (regulation 3(3)).E+W+S

4.  The Regulations require employers to ensure suitable personal protective equip ment is provided for their employees and also require self-employed persons to ensure suitable personal protective equipment is provided for themselves. The circumstances in which personal protective equipment must be provided and minimum conditions of what is “suitable” are specified (regulation 4).E+W+S

5.  The Regulations also impose requirements with respect to—E+W+S

(a)compatibility of items of personal protective equipment where it is necessary to wear or use more than one item simultaneously (regulation 5);

(b)the making, review and changing of assessments in relation to the choice of personal protective equipment (regulation 6);

(c)the maintenance (including replacement and cleaning as appropriate) of personal protective equipment (regulation 7);

(d)the provision of accommodation for personal protective equipment (regulation 8);

(e)the provision of information, instruction and training (regulation 9); and

(f)ensuring personal protective equipment is used (regulation 10(1)).

6.  Requirements are imposed on employees and relevant self-employed persons in respect of the use of personal protective equipment and in respect of returning it to accommodation provided for it (regulation 10(2) to (4)). Employees are also required to report to their employer the loss of or any obvious defect in personal protective equipment (regulation 11).E+W+S

7.  The Secretary of State for Defence may grant exemptions from the Regulations in the interests of national security (regulation 12).E+W+S

8.  The Regulations extend to and in relation to certain premises and activities outside Great Britain (regulation 13).E+W+S

9.  Certain existing provisions relating to personal protective equipment are modified (Schedule 2). Provisions replaced by these Regulations are repealed or revoked (regulation 14(2) and Schedule 3).E+W+S

(1)

1974 c. 37; sections 15 and 50 were amended by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraphs 6 and 16 respectively.

(6)

S.I. 1965/1536, to which there are amendments not relevant to these Regulations.

(8)

1961 c. 34; in section 30(6), by virtue of S.I. 1974/1941, references to the chief inspector are to be construed as references to an inspector appointed by the Health and Safety Executive under section 19 of the Health and Safety at Work etc. Act 1974 who is authorised to act for the purposes of the provision in question.

(9)

S.I. 1956/1768; to which there are amendments not relevant to these Regulations.

(10)

S.I. 1975/1433; to which there are amendments not relevant to these Regulations.